12
Lahontan Regional Water Quality Control Board MEMORANDUM TO: Scott Quinnell California Department of Transportation, District 8 464 W. 4t h Street, 6th Floor, MS 822 San Bernardino, CA 92401 -1400 Email: [email protected] FROM: PATIY Z. KOUYOUMDJIAN, EXECUTIVE OFFICER LAHONTAN REGIONAL WATER QUALITY CONTROL BOARD DATE: June 30, 2014 G BAOWH Jn O OVt ft liOn SUBJECT: AMENDED ORDER NO. R6V-2014-0053A1, FOR CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION, INTERSTATE 15 MOJAVE RIVER INTERCHANGE RECONSTRUCTION PROJECT, SAN BERNARDINO COUNTY, WOlD NO. 68361402003 The California Regional Water Quality Control Board, Lahontan Region (Water Board) issued a Clean Water Act (CWA) Section 401 Order for Water Quality Certification (WQC) to the California Department of Transportation (Applicant) for the above- referenced project (Project) on June 27, 2014. On June 30, 2014, Water Board staff received from the Applicant information that included: 1) a request to amend the WQC to modify the Project's permanent and temporary impacts to waters of the U.S. based on information contained in the Alternatives Analysis Report; and 2) a revised Habitat Mitigation Monitoring Plan (HMMP) that references the corrected permanent and temporary impacts to waters of the U.S. This amendment modifies the proposed Project impacts and corrects the reference to the HMMP, as presented in the Order. The Waste Discharge Identification (WOlD) No. previously assigned, WOlD No. 6B361402003, is retained for this amendment. Please reference this WDI D number in all future correspondence regarding this Project. Any person aggrieved by this action of the Water Board may petition the State Water Resources Control Board (State Water Board) to review the action in accordance with California Water Code (CWC), section 13320, and California Code of Regulations (CCR), title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00p.m., 30 days after the date of this Order, except that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00p.m . on the next business day. AMYL H OI!ut , Pt<D, CHAIR I P ATTY Z K OUVOUIADJtAN, EXECUfiVE OFFICER t.t4•0 C1v1e Drive Sll 11tt 200, VIctorvi lle , CA 92392 I www gov/taho"um

MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Lahontan Regional Water Quality Control Board

MEMORANDUM

TO: Scott Quinnell California Department of Transportation, District 8 464 W. 4th Street, 6th Floor, MS 822 San Bernardino, CA 92401 -1400 Email: [email protected]

FROM: PATIY Z. KOUYOUMDJIAN, EXECUTIVE OFFICER LAHONTAN REGIONAL WATER QUALITY CONTROL BOARD

DATE: June 30, 2014

Ea~ouJNO G BAOWH Jn O OVtft liOn

SUBJECT: AMENDED ORDER NO. R6V-2014-0053A1, FOR CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION, INTERSTATE 15 MOJAVE RIVER INTERCHANGE RECONSTRUCTION PROJECT, SAN BERNARDINO COUNTY, WOlD NO. 68361402003

The California Regional Water Quality Control Board, Lahontan Region (Water Board) issued a Clean Water Act (CWA) Section 401 Order for Water Quality Certification (WQC) to the California Department of Transportation (Applicant) for the above­referenced project (Project) on June 27, 2014. On June 30, 2014, Water Board staff received from the Applicant information that included: 1) a request to amend the WQC to modify the Project's permanent and temporary impacts to waters of the U.S. based on information contained in the Alternatives Analysis Report; and 2) a revised Habitat Mitigation Monitoring Plan (HMMP) that references the corrected permanent and temporary impacts to waters of the U.S. This amendment modifies the proposed Project impacts and corrects the reference to the HMMP, as presented in the Order. The Waste Discharge Identification (WOlD) No. previously assigned, WOlD No. 6B361402003, is retained for this amendment. Please reference this WDI D number in all future correspondence regarding this Project.

Any person aggrieved by this action of the Water Board may petition the State Water Resources Control Board (State Water Board) to review the action in accordance with California Water Code (CWC), section 13320, and California Code of Regulations (CCR), title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00p.m., 30 days after the date of this Order, except that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00p.m. on the next business day.

AMYL H OI!u t , Pt<D, CHAIR I P ATTY Z K OUVOUIADJtAN, EXECUfiVE OFFICER

t .t4 • 0 C1v1e Dri ve Sll11tt 200, VIctorville , CA 92392 I www Vo.~.Qtort>oar<ls.eA gov/taho"um

Page 2: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell - 2 - Board Order No. R6V-2014-0053A 1

Copies of the law and regulations applicable to filing petitions may be found on the internet at http :1/www. waterboards. ca. gov/pu blic _notices/petitions/water_ quality. or wi II be provided upon request.

PROJECT DESCRIPTION

Details regarding the Project are provided in the Table of Project Information. Changes from the original Project are strikethrough for deletions and bold underline for additions.

T bl f P . t I f f a eo roJec norma 1on: WDID Number 6B361402003 Applicant California Department of Transportation, District 8

464 W. 4th Street, 6th Floor, MS 822 San Bernardino, CA 92401-1400 Contact: Scott Quinnell

Agent Josh Jaffery, California Department of Transportation Project Name Interstate 15 Mojave River Interchange Reconstruction Project Project Purpose and The Project is to widen and improve the existing Interstate 15 Description (1-15) between Mojave Drive and Stoddard Wells Road to meet

current highway standards and improve operational characteristics and public safety. Project components include: reconstruction and relocation of several interchanges; widening of the existing 1-15 bridge over the Mojave River; construction of a frontage road and bridge over the Mojave River west of 1-15; realignment of the existing frontage road east of 1-15; and upgrading the existing onsite and offsite drainage facilities to accommodate Project components.

Project Type Transportation, Roads and HiQhways Project Address or other Interstate 15 from Mojave Drive to Stoddard Wells Road, Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center)

Latitude: 34.52909 Longitude: -117.31572 (Mojave Drive) Latitude: 34.55435 Longitude: -117.28937 (Stoddard Wells Road)

Hydrologic Unit(s) Mojave Hydrologic Unit 628.00, Upper Mojave Hydrologic Area 628.20

Project Area 240 acres Receiving Water(s)

Mojave River Name Water Body Type(s) Intermittent stream, minor wetlands Designated Beneficial MUN, AGR, GWR, FRSH, REC-1, REC-2, COMM, WARM, Uses COLD, WILD, RARE, WQE, FLD Potential Water Quality Permanent hydrogeomorphic changes in the flow regime on the Impacts to Waters of Project site may result in downstream erosion, sedimentation, the United States and/or siltation. (WOUS)

Page 3: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell -3- Board Order No. R6V-2014-0053A 1

T bl f P . t I f f a eo rojec norma 1on: Project Impacts (Fill) to Waterbody Permanent Temporary wous Type

Acres Linear Cubic

Acres Linear Cubic

Feet Yards Feet Yards Stream (}..44

2,698 1,834 ~

1,318 6,510 0.233 2.129 Wetland 0.009 - 1,147 0.13 - 0

Federal Permit(s) The Applicant has applied for coverage under a U.S. Army Corps of Engineers (USACOE) Individual Permit (SPL-2013-00081) pursuant to section 404 of the CW A.

Non-Compensatory During construction, the Applicant will follow Best Management Mitigation Practices (BMPs) including construction storm water controls

designed to minimize the short-term degradation of water quality. Compensatory To compensate for Project impacts to WOUS, the Applicant will Mitigation implement the revised Habitat Mitigation and Monitoring Plan

(HMMP) dated J1:1ne 17, 2014 submitted on June 30. 2014. The HMMP includes the acquisition, preservation, and enhancement of waters in the Cronese Hydrologic Sub Area (628. 72) of the greater Mojave Watershed. A minimum of 5.2 acres of waters will be preserved and enhanced. Implementation of the offsite mitigation will be concurrent with construction of the Project. Onsite mitigation includes recontouring of temporary impact areas to match pre-Project conditions once construction is complete. Qualitative and quantitative monitoring of the mitigation will occur over a period of no less than 1 0 years. Reports documenting the success of the mitigation will be submitted to the Water annually for the first two years of monitoring, then biannually (every two years) after that for a minimum of 10 years or until the success criteria outlined in the HMMP have been met. The first monitoring report is due on December 31, 2015.

Applicable Fees $50,160 ($1 ,097 base fee + [4,016 linear feet of permanent and temporary stream impacts x $10.97 per linear foot of discharge] + [0.139 acres of wetland impact x $4,717 per acre of discharge] + $4,352 ambient surcharge); 1 fees calculated based on impacts to federal waters; minor Prolect changes for amended WQC. therefore no additional fee reauired.

Fees Received $50,160 Discharge fees shall not exceed $68,558, plus any applicable surcharges, the amb1ent surcharge IS 9.5% of the sum

of the base fee plus the discharge fee.

Additional Conditions

Changes to pertinent Additional Conditions are strikethFOugh for deletions and bold underline for additions.

1. To compensate for Project impacts to WOUS, the Applicant will implement the revised HMMP dated June 17, 2014 submitted on June 30, 2014. The HMMP

Page 4: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell -4- Board Order No. R6V-2014-0053A1

includes the acquisition, preservation, and enhancement of waters in the Cronese Hydrologic Sub Area (628.72) of the greater Mojave Watershed. A minimum of 5.2 acres of waters will be preserved and enhanced . Onsite mitigation includes recontouring of temporary impact areas to match pre-Project conditions once construction is complete. Implementation of the offsite mitigation will be concurrent with construction of the Project. Qualitative and quantitative monitoring of the mitigation will occur over a period of no less than 10 years. Reports documenting the success of the mitigation will be submitted to the Water Board annually for the first two years of monitoring, then biannually (every two years) after that for a minimum of 1 0 years or until the success criteria outlined in the HMMP have been met. The first monitoring report is due on December 31, 2015.

All other conditions and requirements of the original Order (enclosed) remain in effect. We look forward to working with you in your efforts to protect water quality. If you have any questions, please contact Jan Zimmerman, Engineering Geologist, at (760) 241-7376 ([email protected]), or Patrice Copeland, Senior Engineering Geologist, at (760) 241-7404 ([email protected]). Please use the WDID in the subject line for future correspondence concerning this project.

Enclosure: WQC ORDER NO. R6V-2014-0053 (JUNE 27, 2014)

cc: Josh Jaffery, California Department of Transportation (via email, [email protected])

Veronica Chan, U.S. Army Corps of Engineers (via email, Veronica [email protected])

Nick Buckmaster, California Department of Fish and Wildlife (via email, [email protected])

SWRCB, Division of Water Quality (via email, stateboard401 @waterboards.ca.gov)

R6V-2014-0053a1_ 401115MojaveRiver_6B361402003.docx

Page 5: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Water Boards

lahontan Regional Water Quality Control Board

MEMORANDUM

TO: Scott Quinnell California Department of Transportation, District 8 464 W. 41

h Street, 61h Floor, MS 822

San Bernardino, CA 92401-1400 Email: scott [email protected]

FROM: PATTY Z. KOUYOUMDJIAN, EXECUTIVE OFFICER LAHONTAN REGIONAL WATER QUALITY CONTROL BOARD

DATE: June 27,2014

SUBJECT: ORDER NO. R6V-2014-0053, FOR CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION, INTERSTATE 15 MOJAVE RIVER INTERCHANGE RECONSTRUCTION PROJECT, SAN BERNARDINO COUNTY, WDID NO. 68361402003

The California Regional Water Quality Control Board, Lahontan Region {Water Board) has received project information from the California Department of Transportation (Applicant) and an application filing fee to comptete an application for Clean Water Act (CWA) Section 401 Water Quality Certification (WQC) for the Interstate 15 Mojave River Interchange Reconstruction Project (Project). This Order for WQC is based upon the information provided in the application and subsequent correspondence received in support of the application.

Any person aggrieved by this action of the Water Board may petition the State Water Resources Control Board (State Water Board) to review the action in accordance with California Water Code (CWC), section 13320, and California Code of Regulations (CCR), title 23, secttons 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 30 days after the date of this Order, except that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the internet at http://www. waterboards. ca.gov/public_ notices/petitions/water_ quality. or will be provided upon request.

AVo't L H - . Pt<D, CWAUI I p" I Y z KOl y •• DJWf, fQCU11•~ OHICII\

0. ., ' ........ .

Page 6: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Qulnnell -2- Board Order No. R6V-2014-0053

PROJECT DESCRIPTION

This WQC is based upon the information you provided. Project details are summarized In the following table.

Table of Project lnfonnation: WOlD Number 68361402003 Applicant California Department of Transportation, District 8

464 W. 41t~ Street, 61h Floor, MS 822

San Bernardino, CA 92401-1400 Contact: Scott Quinnell

Agent Josh Jaffery, California Department of Transportation Prolect Name Interstate 15 Molave River lnterchang_e Reconstruction Proiect Project Purpose and The Project is to widen and Improve the existing Interstate 15 Description (1-15) between Mojave Drive and Stoddard WeJfs Road to meet

current highway standards and improve operational characteristics and public safety. Project components include: reconstruction and relocation of several interchanges; widening of the existing 1·15 bridge over the Mojave River; construction of a frontage road and bridge over the Mojave River west of 1-15; realfgnment of the existing frontage road east of 1·15; and upgrading the existing on site and offsite drainage facilities to accommodate Project components.

Project Type Transportation, Roads and Highways Project Address or other Interstate 15 from Mojave Drive to Stoddard Weffs Road, Locating Information Victorville San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center)

Latitude: 34.52909 Longitude: -117.31572 (Mojave Drive) Latitude: 34.55435 Longitude: -117.28937 (Stoddard Wells Road)

Hydrologic Unit( s) Mojave Hydrologic Unit 628.00, Upper Mojave Hydrologic Area 628.20

Project Area 240 acres ReceJving Water(s) Mojave River Name Water Body Type(s) Intermittent stream minor wetlands Designated Beneficial MUN, AGR, GWR, FRSH, REC-1, REC~2, COMM, WARM, Uses COLD, WILD, RARE. WOE, FLO Potential Water Quality Permanent hydrogeomorphlc changes in the flow regime on the Impacts to Waters of Project site may result in downstream erosion, sedimentation, the United States and/or siltation. (WOUS) Project Impacts (Fill) to Waterbody Permanent TemiA',_Y wous Type

Acres Linear Cubic Acres Linear Cubic Feet Yards Feet Yards

Stream 0.14 2,698 1,834 2.368 1,318 6,510 Wetland 0.009 - 1,147 0.13 . 0

Page 7: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell - 3- Board Order No. R6V-2014-0053

Table of Project Information: Federal Permit(s) The Applicant has applied for coverage under a U.S. Army Corps

of Engineers (USACOE) Individual Pennit (SPL-2013·00081) pursuant to section 404 of the CW A.

Non-Compensatory Mitigation

Compensatory Mitigation

Applicable Fees

Fees Received

During construction, the Applicant will follow Best Management Practices (BMPs) including construction storm water controls desjgned to minimize the short-term degradation of water quality. To compensate for Project impacts to WOUS, the Applicant witt implement the Habitat Mitigation and Monitoring Plan (HMMP) dated June 17, 2014. The HMMP Includes the acquisition, preservation, ~nd enhancement of waters In the Cronese Hydrologic Sub Area (628. 72) of the greater Mojave Watershed. A minimum of 5.2 acres of waters will be preserved and enhanced. Implementation of the offslte mitigation wflf be concurrent with construction of the Project. Onsite mitigation Includes recontourtng of temporary Impact areas to match pre­Project conditions once construction is complete. Qualitative and quantitative monitoring of the mitigation will occur over a period of no less than 10 years. Reports documenting the success of the mitigation will be submitted to the Water annually for the first two years of monitoring, then biannually (every two years) after that for a minimum of 10 years or until the success criteria outlined in the HMMP have been met. The first monitoring report Is due on December 31_1_2015. · $50,160 ($1,097 base fee+ (4,016 linear feet of pennanent and tern porary stream impacts x $1 0.97 per linear foot of discharge] + [0.139 acres of wetland lm~ct x $4,717 per acre of discharge] + $4,352 ambient surcharge):1 fees calculated based on impacts to federal waters $50,160

Discharge fees shall not exceed $68,558, plus any applicable surcharges, the ambient surcharge 18 9.5% of the Slm of the base fee plus the discharge fee.

CEQA COMPLIANCE .

The Applicant prepared an Initial Study and Mitigated Negative Declaration (IS/MND) for the Project. The IS/MND was prepared pursuant to the California Environmental Quality Act (CEQA Public Resources Code 21000, et seq.) and circulated under State Clearinghouse No. 2008011062. The IS/MNO was approved on June 27, 2008, following public review. An Addendum to the IS/MND was prepared in May 2013 to address minor technical changes to the original Project.

The Water Board, acting as a CEQA Responsible Agency In compliance with CCR, title 14, section 15096, has considered the IS/MND and Addendum prepared for the Project and the potential water quality Impacts. As a result of the analysis, the Water Board finds that, along with the conditions required in this 401 WQC Order, potential water quality impacts are less than significant.

Page 8: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell -4 - Board Order No. R6V-2014-0053

SECTION 401 WATER QUALITY CERTIFICATION

Authortty

CWA, section 401 (33 U.S.C., paragraph 1341), requires that any applicant for a CWA, section 404 permit, who plans to conduct any activity that may result in discharge of dredged or fill materials to WOUS, shall provide to the permitting agency a certification that the discharge will be in compliance with applicable water quality standards of the state In which the dischart}e will origJnate. No section 404 permit may be granted (or valid) until such certification Is obtained. The Applicant submitted a complete application and the fees required for woe under section 401 of the ewA for the Project. The USACOE will regulate the Project under an Individual Permit (SPL-2013-00081) pursuant to section 404 of the ewA. CCR, title 23, section 3831(e) grants the Executive Officer the authority to grant or deny WOe for projects in accordance with CWA section 401 . The proposed Project qualifies for such WQC.

Standard Conditions

Pursuant to ecR, title 23, section 3860, the following standard conditions are requirements of this certification:

1. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to CWC, section 13330 and CCR, title 23, section 3867.

2. This certifteation action fs not intended and must not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license unless the pertinent certification application was filed pursuant to CCR, title 23, section 3855(b) and the application specifically Identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

3. The validity of any non-denial certification action must be conditioned upon total payment of the full fee required under CCR, title 23. section 3833, unless otherwise stated In writing by the certifying agency.

4. Neither Project construction activities nor operation of the Project may cause a violation of the Water Quality Control Plan for the Lahontan Region (Basin Plan), may cause a condition or threatened condition of portution or nuisance, or cause any other violation of the ewe.

5. The Project must be constructed and operated in accordance with the Project described in the application for WQC that was submitted to the Water Board. Deviation from the Project description constitutes a violation of the conditions upon which the certification was granted. Any significant Qhanges to this Project that would have a significant or material effect on the findings, conclusions, or conditions of this certification, including Project operation, must be submitted to the Executive Officer for prior review and written approval.

Page 9: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell -5- Board Order'No. R6V-2014-0053

6. This WQC Is subject to the acquisition of all local, regional, state, and federal permits and approvals as required by law. Failure to meet any conditions contained herein or any conditions contained in any other permit or approval issued by the state of California or any subdivision thereof may result in the revocation of this wac and civil or criminal nablllty.

7. The Water Board may add to or modify the conditions of this certification, as appropriate, to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the ewe or section 303 of the CWA, or as appropriate to coordinate the operations of this Project with other projects where coordination of operations is reasonably necessary to achieve water quality standards or to protect the beneficial uses of water. Notwithstanding any more specific conditions in this certification, the Project must be constructed and operated In a manner consistent with all water quality standards and implementation plans adopted or approved pursuant to the ewe or section 303 of the CWA.

8. This certification does not authorize any act which results in the taking of a threatened or endangered species or any act which Is now prohibited, or becomes prohibited in the Mure, under the California Endangered Species Act (Fish and Wildlife Code, section 2050 et seq.) or the federal Endangered Species Act {16 USC, section 1531 et seq.). If a "take'• will resurt from any act authorized under this certification, the Applicant must obtain authorization for the take prior to construction or operation of the Project. The Appficant is responsible for meeting all requirements of the applicable Endangered Species Act for the Project authorized under this certification.

Additional Conditions

Pursuant to CCR, title 23, section 3859, subdivision (a), the foUowfng additional conditions are required with this certification:

1. To compensate for Project Impacts to WOUS, the Applicant will Implement the HMMP dated June 17, 2014. The HMMP includes the acquisition, preservation, and enhancement of waters tn the Cronese Hydrologic Sub Area (628.72) of the greater Mojave Watershed. A minimum of 5.2 acres of waters will be preserved and enhanced. OnsJte mitigation includes recontouring of temporary Impact areas to match pre-Project conditions once construction is complete. Implementation of the offsite mitigation will be concurrent with construction of the Project. Qualitative and quantitative monitoring of the mitigation will occur over a period of no less than 10 years. Reports documenting the success of the mitigation will be submitted to the Water Board annually for the first two years of monitoring, then biannually (every two years) after that for a minimum of 10 years or until the success criteria outlined in the HMMP have been met. The first monitoring report is due on December 31, 2015.

2. Temporary impact areas will be recontoured to match pre-Project conditions.

Page 10: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell -6- Board Order No. R6V-2014-Q053

3. All surface waters must be diverted away from areas undergoing grading, construction, filling, vegetation removal, and/or any other similar construction activity. If surface water diversions are anticipated, the Applicant must develop and implement a Surface Water Diversion Plan. The plan must include the proposed method and duration of diversion activities, erosion and sediment controls, and a map or drawing indicating the locations of diversion and discharge points. Diversion activities must not result in the degradation of beneficial uses or exceedance of water quality objectives for the receiving waters as defined and described In the Basin Plan. The Basin Plan can be accessed online at http://www. waterboards.ca .gov/lahontanlwater _lssues/programs/basin_.olan/index.shtml. A copy of the Surface Water Diversion Plan must be submitted to the Water Board prior to any water diversion activities.

4. Work within a surface water (stream channel or wetland) is authorized only during dry weather conditions. Should inclement weather occur, all work within the surface water must stop and all equipment and materials must be removed to upland areas.

5. No debris, cement, concrete (or wash water there from), oil, or petroleum products must be allowed to enter into or be placed where it may be washed from the Project site by rainfall or runoff into surface waters. When operations are completed, any excess material and/or soil must be removed from the Project work area and any areas adjacent to the work area where such material may be transported lnto surface waters.

6. An emergency spill kit must be at the Project site at all times during Project construction.

7. Construction vehicles and equipment must be monitored for leaks and proper BMPs must be implemented should leaks be detected or the vehicles/equipment must be removed from service, if necessary, to protect water quality.

8. The Applicant must permit Water Board staff or their authorized representative(s) upon presentation of credentials:

a. Entry onto Project premJses, Including all areas on which fill, excavation or mitigation is located or in which records are kept;

b. Access to copy any record required to be kept under the terms and conditions of this wac;

c. Inspection of any treatment equipment, monitoring equipment. or monitoring method required by this WQC; and

d. Sampling of any discharge or surface water covered by this WQC.

Page 11: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell -7- Board Order No. R6V-2014-0053

9. The Applicant must maintrun at the Project site a copy of this Order and a copy of the complete WQC application provided to the Water Board so as to be available at all times to site operating personnel and agencies.

10. The Applicant is responsible for informing any contractors of the specific conditions contained In this WQC Order.

Enforcement

1. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation will be subject to any remedies, penalties, processes or sanctions, as provided for under state law. For purposes of CWA, section 401 (d), the appUcabllity of any state law authortzJng remedies, penalties, processes or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements Incorporated into this WQC.

2. In response to a suspected violation of any oondltion of this certification, the State Water Board or the Water Board may require the holder of any pennit or license subject to this wac to furnish, under penalty of perjury, 1tny technical or monitoring report that the State Water Board or Water Board deems appropriate, provided that the burden, including costs, of the reports must be in reasonable relationship to the need for the reports and the benefits to be obtained from the reports.

3. In response to any violation of the oonditions of this certification, the Water Board may add to or modify the conditions of this certification, as appropriate, to ensure compliance.

Section 401 Water Qualitv Certification Requirements Granted

I hereby issue this Order certifying that any discharge from the referenced Project will comply wtth the applicable provisions of CWA, sections 301 (Effluent Umitations), 302 (Water Qual)ty Related Effluent Limitations), 303 0/'later Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards), and with other applicabJe requirements of state faw. This discharge is also regulated under State Water Board Order No. 200J.0017 -DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification," which requires compUance wi1h all conditions of this WQC. A copy of State Water Board Order No. 2003-0017 -DWQ is endosed for your reference (Enclosure 2).

Except insofar as may be modified by any preceding conditions, all WQC actions are contingent on (a) the discharge bejng limited and all proposed mitigation being completed in strict compliance with the Applicant's Project description and the terms specified in this WQC Order, and (b) compliance with all applicable requirements of the Basin Plan.

Page 12: MEMORANDUM FROM: PATIY Z. KOUYOUMDJIAN ......Locating Information Victorville, San Bernardino County Latitude/Longitude Latitude: 34.55168 Longitude: -117.29272 (center) Latitude:

Mr. Quinnell -8- Board Order No. R6V-2014-0053

We look forward to working with you in your efforts to protect water quality. If you have questions, please contact Jan Zimmerman, Engfneerlng Geologist, at (760) 241-7376 [email protected], or Patrice Copeland, Senior Engfneering GeologJst, at (760) 241-7404 [email protected]. Please use the WOlD referenced in the subject line of this WQC for future correspondence regarding this Project.

Endosure: SWRCB Order No. 2003-0017-0WQ

cc: Josh Jaffery, Calffomla Department of Transportation (via email, [email protected])

Veronica Chan, U.S. Army Corps of Engineers (via email, [email protected])

Nick Buckmaster, California Department of Fish and Wildlife (via email, [email protected])

SWRCB, Division of Water Quality (via email, stateboard401 @waterboards.ca.gov)

R6V-2014-0053_115MojaveRiver_6B361402003.docx